Quick answer: Rhode Island sets no fixed percentage for either the executor fee or the attorney fee — both depend on what the local probate court considers appropriate. What makes Rhode Island different from every other state in this series is its 39 separate municipal probate courts and its own state estate tax, indexed annually for inflation. Get your own estimate with the Rhode Island probate cost calculator.
1. Executor fee — "just" compensation, a distinctive word choice
R.I. Gen. Laws § 33-14-8: an executor or administrator is allowed in their accounts "such compensation for their services as the probate court shall consider just." Most states use "reasonable" — Rhode Island's statute uses "just" instead, with no percentage, no schedule, and no listed factors anywhere in the section. The fee is approved as a line item within the periodic or final accounting, not argued through a separate fee petition.
Reported figures often land in a rough 2%–4% range of estate value in practice. But because the fee isn't fixed by statute, any percentage shown in this guide is an illustrative market-rate estimate, not a legal rate.
2. Attorney fee — also no schedule
No fixed schedule: Rhode Island probate attorneys typically bill $250–$450 per hour, or a flat $2,500–$7,500 for an uncontested estate. Reported totals often run $3,000–$6,000 for straightforward probate, and $6,000–$15,000 or more for complex or contested proceedings.
3. Court cost — 39 separate municipal probate courts
No single statewide court: Rhode Island runs probate through 39 separate municipal probate courts, one for each city and town, each with its own filing fees, bond practices, and local forms. Publication runs three consecutive weeks; creditors have a 6-month window from first publication.
4. The separate Rhode Island estate tax, for context
§ 44-22-1.1: Rhode Island's own estate tax is entirely separate from probate administration cost and from the federal estate tax. The exemption is $1,838,056 per decedent, indexed annually for inflation — one of the lowest state exemptions in the country. Rates are graduated up to 16%, and Rhode Island allows no portability between spouses. Unusually, every estate must file Form RI-706, regardless of size, if only to show no tax is due. This calculator's cost estimate does not include this separate tax.
Illustrative worked totals (administration only)
At illustrative rates — executor ~3%, attorney ~3% — well under the estate tax exemption:
| Estate value | Executor fee (est.) | Attorney (est.) | Filing + pub. | Approx. total |
|---|
| $100,000 | $3,000 | $3,000 | $325 | ≈ $6,325 |
| $300,000 | $9,000 | $9,000 | $325 | ≈ $18,325 |
| $500,000 | $15,000 | $15,000 | $325 | ≈ $30,325 |
Filing + pub. = an illustrative $175 municipal court filing fee + $150 publication; the actual filing fee depends on which of the 39 courts handles the estate. Executor and attorney figures are illustrative only. Run your own numbers in the calculator.
How to reduce Rhode Island probate costs
- Use the small estate procedure — personal property up to $15,000, a simplified municipal court filing (§ 33-24-1).
- Executor waives the fee if a family member and beneficiary.
- Ask your municipal probate court about local filing fees before assuming a statewide figure.
- For larger estates, plan around the estate tax separately, since Rhode Island's exemption is unusually low.
Estimate for general guidance only, not legal or tax advice. Rhode Island sets no statutory percentage for the executor fee (R.I. Gen. Laws § 33-14-8, "just" compensation) or the attorney fee; figures shown are illustrative market-rate estimates, not legal rates. Small estate procedure: $15,000 of personal property (§ 33-24-1). This page does not compute Rhode Island's separate estate tax (§ 44-22-1.1, up to 16% above a $1,838,056 exemption, indexed annually); estates near or above that threshold should get a dedicated estimate. Verify with your municipal probate court or a licensed Rhode Island attorney.